Last week, the Nevada Supreme Court approved plans to proceed with the development of an alternative pathway for attorney licensing in the state that does not include the traditional national bar exam.
The current national bar exam, called the Uniform Bar Exam (UBE), expires in 2028. States can adopt a modernized version of the exam, dubbed the NextGen bar exam, or develop their own bar exam or attorney licensing pathway.
So far, 25 jurisdictions — including Illinois, Indiana, Minnesota, and Missouri — have announced that they will use the NextGen bar exam.
The NextGen exam is currently in development by the National Conference of Bar Examiners (NCBE). It is being designed to better reflect the real-world practice skills and competencies required of newly licensed attorneys, an area in which the UBE has been criticized.
Alternative licensing process in Nevada
While details of Nevada’s attorney licensing plan are still being finalized, the Nevada Commission to Study the Administration of the Bar Examination and Licensing of Attorneys issued a recommendation in 2023 that the licensing process include three parts.
The recommendation was based on its study of competency in the state’s lawyers and evaluation of alternative ways to measure this competency.
The three-pronged recommendation includes:
- Foundational Law Exam, a closed-book, multiple-choice exam that tests foundational areas of law including contracts, torts, civil procedure, and criminal law/procedure, among others. The exam would be offered four times per year and students would have the option of completing the exam during law school.
- Nevada Lawyering Performance Test, which would test lawyering skills – like analyzing facts and cases and writing bench briefs and advocacy memos – rather than memorization. The test would be offered after the spring and fall law school semesters.
- Supervised Practice Program, which may include an approved practice externship or clinic in law school, pro bono work during a law firm clerkship, or 60 hours of supervised practice in qualified legal aid programs in Nevada. Lawyers practicing in other states would not be required to complete this program, as long as they meet certain requirements.
Reuters notes that since most of the components could be completed during law school, graduates may potentially be “cleared to practice within weeks of completing their studies.”
NCBE President Judith Gundersen told Reuters that lawyers licensed under Nevada’s new system will not be able to transfer scores to other jurisdictions.
Implications from California denial
Last month, California announced plans to develop its own bar exam in partnership with Kaplan Exam Services. However, the California Supreme Court denied this plan on September 18.
This could have implications for Nevada’s plan to develop an alternative licensing pathway, as Nevada was considering using California’s Kaplan-created exam as “an interim step,” the ABA reported.
The State Bar of California said it plans to “file a petition as quickly as possible” and “adjust plans as needed in accordance with the Court’s direction.”
Richard Trachok, Chair of the Nevada Board of Bar Examiners, wrote to the ABA Journal that Nevada will closely monitor California’s efforts and “continue to work with potential providers to create the multiple-choice portion of the pathway.”
In addition to the alternative pathways discussed in Nevada and California, other states – including Washington, Oregon, Wisconsin, and New Hampshire – have announced plans to allow alternative attorney licensing pathways.
Some of these states, for example Washington and Oregon, will administer the NextGen bar exam in tandem with these alternative licensing pathways.
Future of the bar exam in Illinois
In May, the Illinois Supreme Court and Board of Admissions to the Bar announced that Illinois will adopt the NextGen bar exam. It will replace the UBE, which has been administered in Illinois since 2019.
The exam will focus on litigation and transactional legal practice and reflect changes in law school curriculum, according to the NCBE.
Chief Justice Mary Jane Theis noted in the press release that the NextGen exam will place “a greater emphasis on testing the foundational skills required to practice law instead of memorizing legal concepts and principles.”
The NextGen exam will be administered over nine hours during a day and a half. The UBE is currently administered over 12 hours.
Suzanne Schmitz, President of the Board of Admissions to the Bar, said in the press release that the Board has been closely following the development of the NextGen bar exam and “is part of pilot and prototype testing of the exam.”
Before making its recommendation to the Supreme Court, Schmitz said the Board “considered the alternatives and consulted with the Deans of the nine law schools in Illinois.”
Illinois will begin administering the NextGen bar exam in February or July 2028.
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